Monday, June 10, 2013

Organic Seed Growers et al. v. Monsanto, 2012-1298


The outcome of the Monsanto case of 10 June 2013 was no justiciable controversy.


Because
Monsanto has made binding assurances that it will
not “take legal action against growers whose crops might
inadvertently contain traces of Monsanto biotech genes
(because, for example, some transgenic seed or pollen
blew onto the grower’s land),” Defs.’ Mem. of Law in Supp.
of Mot. to Dismiss at 5, Organic Seed Growers & Trade
Ass’n v. Monsanto Co., 851 F. Supp. 2d 544 (S.D.N.Y.
2012) (No. 11-CV-2163), ECF No. 20, and appellants have
not alleged any circumstances placing them beyond the
scope of those assurances, we agree that there is no
justiciable case or controversy
. We affirm.



Link: http://www.cafc.uscourts.gov/images/stories/opinions-orders/12-1298.Opinion.6-6-2013.1.PDF

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